Constitutional dialogue in Uganda

2005 ◽  
Vol 49 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Erica Bussey
Keyword(s):  
Political Parties ◽  
Constitutional Amendment ◽  
The Political ◽  
Political Systems ◽  
The Supreme Court ◽  
Canadian Context ◽  
Open Debate ◽  
Recent Developments ◽  
History Of ◽  
Dialogue Theory

The paper considers several recent constitutional cases in Uganda, including Constitutional Petition No. 5 of 2003, which struck down several sections of the Political Parties and Organisations Act, aimed at suppressing opposition party activity, and Constitutional Appeal No. 1 of 2002, in which the Supreme Court held that a constitutional amendment which had enabled the 2000 Referendum on political systems was unconstitutional, as examples of an emerging constitutional dialogue in Uganda. The paper examines the history of constitutionalism in Uganda, the 1995 Constitution, and recent constitutional cases in order to analyse the tools available within the Ugandan constitutional framework that make a meaningful dialogue between the courts and the legislature possible, and the ways in which these have, or have not been used in recent decisions. The paper discusses dialogue theory with an emphasis on the use of dialogue in the comparative (and particularly Canadian) context and considers whether dialogue is possible in nondemocratic systems. The recent cases indicate that not only is there the beginnings of a process of dialogue in Uganda, but that this dialogue may in fact be more important in some senses than it is within the democratic framework, since given the lack of open debate in Parliament and other fora, the dialogue between the courts and the legislature is often the only place in which important issues can be debated. However, recent developments, such as Museveni's reaction to the court's decision in Constitutional Petition No. 3 of 2000 which nullified the results of the 2000 Referendum, show how fragile this process of dialogue may be.

ROLE OF POLITICAL PARTIES IN FORMATION AND DEVELOPMENT OF POLITICAL SYSTEM IN MODERN RUSSIA: CONSTITUTIONAL AND LEGAL ASPECTS

2019 ◽  
pp. 200
Author(s):  
Vitaly Melnik
Keyword(s):  
Political Parties ◽  
Social Life ◽  
Scientific Work ◽  
Legal Aspects ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Political Systems ◽  
Rules And Principles ◽  
History Of

This scientific work was written because the theme of political parties is interesting to me. The reason for my interest in political parties is the relevance of this legal institution. As stated at the outset, it is the political parties that determine the political life of the state, and hence the economic and social life of the country. The purpose of my research is to study the degree of influence of political parties on the economy and social life, in the study of the essence of the influence of political parties on the life of the state. The scientific work examines the history of the emergence and development of political parties in Russia. In scientific work political parties of the Russian Federation, political parties of Latvia are considered, compared and correlated. Political systems of two different countries are compared and correlated. The purpose of this analysis is to identify the General rules and principles of development and existence of political parties.

Reviving Legislative Avenues for Gerrymandering Reform with a Flexible, Automated Tool

2020 ◽  
Vol 28 (3) ◽  
pp. 372-394 ◽  
Author(s):  
James Saxon
Keyword(s):  
Political Parties ◽  
The Political ◽  
Formal Definition ◽  
Racial And Ethnic Minorities ◽  
The Supreme Court ◽  
History Of ◽  
Definition Of ◽  
Automated Tool ◽  
Practical Implications ◽  
Congressional Action

After seeking a “manageable standard” to apply to claims of partisan gerrymandering for over three decades, the Supreme Court has finally given up the chase, ruling that such claims are nonjusticiable. What is to be done? An extended history of successful congressional action suggests that the legislative pathway is more practical than often believed. Statutory requirements also make it possible to consider a broader suite of districting objectives. This paper presents a flexible new software and a framework for evaluating the practical implications of explicit objectives. I apply this approach to the conditions last required by Congress, generating equipopulous, contiguous, and compact districts. Among these conditions, the formal definition of compactness has proven contentious. Does it matter? I contrast the representation of the political parties and of racial and ethnic minorities under plans optimized according to 18 different definitions of compactness. On these grounds, the definitions are markedly consistent. These methods may be extended to alternative districting objectives and criteria.

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

scholarly journals Prospects of Federalism in Pakistan

2018 ◽  
Vol III (II) ◽  
pp. 356-368
Author(s):  
Muhammad Tariq ◽  
Muhammad Shoaib Malik ◽  
Ghulam Qumber
Keyword(s):  
Political Parties ◽  
Paradigm Shift ◽  
Economic Resources ◽  
Constitutional Amendment ◽  
Form Of Government ◽  
Economic Interaction ◽  
History Of ◽  
Distribution Of Powers ◽  
The Government ◽  
Set Up

Federalism is created by a state having heterogeneous population with a desire to have provisions for adequate distribution of economic resources within a democratic form of government. The economic interaction is usually guaranteed by the constitutional arrangement of the land. The desire for the creation of a federation may be the economic interaction, interdependence on each other by the Centre and federating units. Proper distribution of powers between the Centre and Federating Units flourish when the residuary powers are vested in the federating units. The 18th Constitutional Amendment made a landmark in the history of Pakistan as it introduced a paradigm shift in the democratic set-up of the country. This shift had long been cherished by most of the mainstream political parties as it gives an opportunity to the ruling parties to complete the tenure of the government.

The developmental history of solitary and supermax confinement: toward a phenomenology of the state of exception

2017 ◽  
Author(s):  
David Polizzi
Keyword(s):  
Supreme Court ◽  
The State ◽  
Political Order ◽  
State Of Exception ◽  
The Political ◽  
Developmental History ◽  
Giorgio Agamben ◽  
Attitudes And Behaviors ◽  
The Supreme Court ◽  
History Of

The phenomenology of solitary and supermax confinement reflects what Giorgio Agamben has defined as the state of exception. The state of exception is defined as the blurring of the legal and political order, which constructs a zone of indifference for those forced to endure this situation. This notion of the state of exception can be applied to the zone of indifference created by the Supreme Court, which seems unwilling to outlaw this harmful practice relative to 8th Amendment protections prohibiting cruel and unusual punishment and the political order which is all too inclined to continue use strategy. One of the central aspects of this “ecology of harm”, is the way in which the very structures of this type of confinement, helps to invite and legitimize abusive attitudes and behaviors in penitentiary staff.

Islam, History, and Politics

1963 ◽  
Vol 1 (1) ◽  
pp. 91-97
Author(s):  
Thomas Hodgkin
Keyword(s):  
Political Institutions ◽  
The Political ◽  
African History ◽  
African Politics ◽  
Political Systems ◽  
The Social ◽  
Special Cases ◽  
History Of ◽  
Colonial Government ◽  
Belgian Congo

It is not, I imagine, necessary to argue in this Journal (whose birth I welcome) that the study of African politics should never be separated from the study of African history. There was a time when the political institutions of African states (except in a few special cases, such as Ethiopia) meant ‘colonial political institutions, together with such indigenous African institutions as had been permitted to survive within the colonial framework’. For students of colonial government the study of African history had no obvious relevance. For those who wished to explain such institutions as Legislative Councils in British-controlled territories, Communes Mixtes in French-controlled territories, or the Conseil de Gouvernement in the Belgian Congo, the history of the European state which had imposed the institution was understandably more significant than the histories of the African peoples upon whom it had been imposed. As for such indigenous African political systems as had survived, in a modified form, within the colonial administrative structure, their study was—by a kind of unwritten convention—left to the social anthropologists, whose historical interests varied according to the character of the system and the approach of the anthropologist.

Assyrians in Iraq

2006 ◽  
Vol 10 (1) ◽  
pp. 113-148 ◽  
Author(s):  
Vahram Petrosian
Keyword(s):  
Political Parties ◽  
The Political ◽  
Iraqi Kurdistan ◽  
The Status ◽  
History Of

AbstractThe article examines the question of the Assyrian identity; certain problems pertaining to the history of the Assyrian-Kurdish relationships; the problem of the Assyrian autonomy; the role of the political parties of the Iraqi Assyrians; the status of the Assyrians in Iraqi Kurdistan; the Assyrians after the fall of Saddam Hussein's regime, and several other issues.

scholarly journals Nepal: From Constitutional Monarchy to a Republican State (1990-2008)

2020 ◽  
Author(s):  
Tri Ratna Manandhar
Keyword(s):  
Political Parties ◽  
The Political ◽  
Parliamentary System ◽  
Constituent Assembly ◽  
Head Of State ◽  
Good Government ◽  
History Of ◽  
Maoist Movement ◽  
Democratic Constitution ◽  
Constitutional Monarchy

The peoples’ movement of 1990 was a great landmark in the history of modern Nepal for it ended the three-decades of the old dictatorial rule of the king and established a parliamentary system with the king as a nominal head of state. But unfortunately, the country could not form a good government because of inter and intra-party conflicts. To add fuel to the flame, the rise of the Maoist movement and the royal massacre put the country in a state of confusion and uncertainty. The new king tried to revive dictatorial rule once again by suppressing the political parties and the Maoists. But his attempts failed, and the 19-day movement in 2006 re-established peoples’ sovereignty in the country. The first meeting of the elected constituent assembly in 2008 formally ended monarchy and declared Nepal a republic. But the first constituent assembly ended its four–year term without drafting a constitution. The second constituent assembly has pledged to promulgate a democratic constitution by January 2015, but all indications are that that the country is unlikely to get a constitution in time.  

scholarly journals The Analyses of the Idelogy and History of National Outlook Movement in Turkey

2020 ◽  
Vol 7 (4) ◽  
pp. 1110-1120
Author(s):  
Namig MAMMADOV
Keyword(s):  
Political Parties ◽  
Driving Forces ◽  
Free Market ◽  
Political Life ◽  
Party Leader ◽  
The Political ◽  
Constitutional Court ◽  
True Path ◽  
History Of

This article examines and analyzes the history of the formation and development of the National Outlook Movement in Turkey, its ideology and social base and the main driving forces, as well as the main political parties and their activities. The article also analyzes the historical circumstances that influenced the formation and development of the movement, including the role of the movement's leader, prominent scientist and researcher, professor Najmeddin Erbakan, as well as the reasons for his entry into the political arena and its consequences. The role of N. Erbakan in the political life of Turkey was investigated and tried to be evaluated. It was noted that, the main ideology of the National Outlook parties is a free market economy without interest, the strengthening of production, the establishment of a just society in which basic human rights are protected, and so on.The first openly political Islamist political party in Turkish history was the National Order Party, formed on January 30, 1970. However, the party did not last long and was closed in 1971 by a decision of the Constitutional Court. Instead, party representatives formed the National Salvation Party in October 1972. This party, like all other political parties in Turkey, was closed after the 1980 coup. However, it became a partner of the government for the first time, and one of the most important decisions of this government was send of Turkish forces to Cyprus.With the permission of the National Security Council, the Welfare Party (WP) was formed in 1983 under the leadership of Ahmet Tekdal, representing the same direction. After the lifting of political bans, N. Erbakan was re-elected party leader. The 1990s marked a new stage in the development of the National Outlook movement. The Welfare Party's reputation began to rise. In the 1995 elections, the party won 21 percent of the vote. In 1996, N. Erbakan formed a coalition government with the True Path Party, led by Tansu Chiller. This government resigned as a result of the February 28 process, and the party was dissolved. The members of the party formed the Virtue Party. Disagreements between innovative and conservative groups within the party led to the formation of two political parties, the Justice and Development Party and the Felicity Party, after the party was dissolved in 2001.

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